₦airaland Forum

This is the third thread I've opened on this same story. I do not know how to get the moderators to move it to front page. Someone said I should be lalastica. Please �, lalastica, help me take this to the front page.
Plagiarism by grammarian247(m): 2:58pm
I really do not know how best to present this here on Nairaland; what I do know, however, is-I need help.

For over two years now, every day, I have been posting English lessons on my Facebook page. Straight to the point. As I was going through a monthly magazine by a big company in Nigeria, I saw one of the dramatic grammar posts I made published in the magazine without acknowledging me.

After some consultations, I hired a lawyer who wrote the company demanding compensation. One month has gone since the company was served, not a syllable from the company or its representative. What step should I take to have them pay for this intellectual theft?

Those who know how this works should please kindly advise me. I do not want to reveal the identity of the company for reasons we all know.
Lalastica and other moderators should please give this post a front page advantage

Did you copyright the content before posting it on Facebook? If yes, you will win the case. If no, the company did not commit any offense because the content is not legally protected. A lot of people do not know this. Even for music and artworks, non-patented work can be used or replicated without the inventor's permission. As a matter of fact, If the company copyrights the same content today, the court will order you to remove the content from your page. Whoever obtains the copyright first is the inventor.

There are lawyers who specialise in this kind of cases, I think they're called patent lawyers. Do not just hire any charge and bail lawyer.
Otherwise you may win in the Social Media Court but lose heavily in reality.

immortalcrown:
Did you copyright the content before posting it on Facebook? If yes, you will win the case. If no, the company did not commit any offense because the content is not legally protected. A lot of people do not know this. Even for music and artworks, non-patented work can be used or replicated without the inventor's permission. As a matter of fact, If the company copyrights the same content today, the court will order you to remove the content from your page. Whoever obtains the copyright first is the inventor.

This is not correct. the copyright act explains how your copyright arises. unlike trade marks, patents and design a copyright does not need registration. As soon as u put your idea in a permanent form your copyright is automatic. so registration is not necessary. This applies in Nigeria and other countries. even for the other classes of IP that require can be registered non-registration is not an automatic bar to enforcement of your rights. The difference is that while registration allows you to sue for infringement, non-registration means you can only sue for passing off. In passing off the standard of proof is a bit harder but its not impossible.

thesicilian:
There are lawyers who specialise in this kind of cases, I think they're called patent lawyers. Do not just hire any charge and bail lawyer.
Otherwise you may win in the Social Media Court but lose heavily in reality.

Okay, brother. Thanks

Patented:
This is not correct. the copyright act explains how your copyright arises. unlike trade marks, patents and design a copyright does not need registration. As soon as u put your idea in a permanent form your copyright is automatic. so registration is not necessary. This applies in Nigeria and other countries. even for the other classes of IP that require can be registered non-registration is not an automatic bar to enforcement of your rights. The difference is that while registration allows you to sue for infringement, non-registration means you can only sue for passing off. In passing off the standard of proof is a bit harder but its not impossible.

so what you are saying is...as the OP posted an English lesson online, if i post a math lesson on FB (aka 1+1=2 bla bla bla) i can be sued?!

MrBrownJay1:
so what you are saying is...as the OP posted an English lesson online, if i post a math lesson on FB (aka 1+1=2 bla bla bla) i can be sued?!

Struggling to get your drift really.

in a nutshell however, if I post a video, u use the same video. Without my permission that is infringement of copyright. Copyright need not be registered.
If I have a brand on the other hand and I register it and u copy it for your own similar product. That's infringement. If I did not register the brand then I can sue you for passing off but not infringment.

These are matters of law and not necessarily common sense